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HomeMy Public PortalAbout2024-18 Providing for ratification of the 2023-2026 Collective Bargaining Agreement between the Village and the IUPA, AFL-CIO, for the unit consisting of the Village's Police Officers and SergeantsR E S O L U T IO N N O . 2 024-1 8 A R E S O L U T IO N O F T H E VI L L A G E C O U N C IL O F T H E V IL L A G E O F KE Y B IS C A Y N E , F L O R ID A , P R O V ID IN G F O R R A T IF IC A T IO N O F T H E 2 0 2 3 -2 0 2 6 C O L L E C T IV E B A R G A IN IN G A G R E E M E N T B E T W E E N T H E V IL L A G E A N D T H E IN T E R N A T IO N A L U N IO N O F P O L IC E A S SO C IA T IO N S , A F L -C IO , F O R T H E B A R G A IN IN G U N IT C O N S IS T IN G O F T H E V IL L A G E 'S P O L IC E O F F IC E R S A N D S E R G E A N T S ; A U T H O R IZ IN G T H E V IL L A G E M A N A G E R T O SIG N T H E C O L L E C T IV E B A R G A IN IN G A G R E E M E N T O N B E H A L F O F T H E V IL L A G E A N D T A K E A L L A C T IO N S N E C E S S A R Y T O IM P L E M E N T T H E A G R E E M E N T ; A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E . W H E R E A S , the Village of Key Biscayne ("Village") desires to ratify the 2023-2026 Collective Bargaining Agreement ("Agreement") between the Village and the International Union of Police Associations, AFL-CIO, for the bargaining unit consisting of the Village's Police Officer and Sergeants, attached hereto as Exhibit "A"; and WHEREAS, the Village Council finds that ratification of the Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. confirmed, and incorporated herein. Section 2. Recitals. That each of the above-stated recitals are hereby adopted, Authorization. That the Village Manager is hereby authorized to execute the Agreement, in substantially the form attached hereto as Exhibit "A," and to take all actions necessary to implement the Agreement and the purpose of this Resolution. Section 3. Effective Date. That this Resolution shall take effect immediately upon adoption. Page 1 of2 P A S S E D and A D O P T E D th is 9th day of __ A-p1_·il , 2024. JO~ ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIEN WEISS SEROTA HELFMAN COL VILLAGE ATTORNEY Page 2 of2 COLLECTIVE BARGAINING AGRE EMENT BETWEEN VILLAGE OF KEY BISCAYNE, FLORIDA AND KEY BISCAYNE POLICE OFFICER'S ASSOCIATION, LOCAL 6023, INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO (POLICE OFFICERS & SERGEANTS) OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026 T A B L E O F C O N T E N T S A R T I C L E P A G E ARTICLE 1 RECOGNITION CLAUSE 1 ARTICLE 2 MANAGEMENT RIGHTS 2 ARTICLE 3 NO STRIKES AND LOCKOUTS 4 ARTICLE 4 UNION ACTIVITIES 5 ARTICLE 5 NON-DISCRIMINA TTON CLAUSE 8 ARTICLE 6 DUES DEDUCTION 9 ARTICLE 7 BULLETIN BOARDS 10 ARTICLE 8 PROMOTIONS AND INITIAL PROBA TTONARY PERIOD 11 ARTICLE 9 DISCIPLINARY PROCEDURES 14 ARTICLE 10 GRIEVANCE AND ARBITRA TTON PROCEDURE 15 ARTICLE 11 SENIORITY 19 ARTICLE 12 LAYOFF AND RECALL 20 ARTICLE 13 WORK WEEK AND WORK SHIFT 22 ARTICLE 14 LEA YES OF ABSENCE 25 ARTICLE 15 JOB CONNECTED DISABILITY 26 T A B L E O F C O N T E N T S A R T I C L E P A G E ARTICLE 16 SAFETY & HEAL TH 27 ARTICLE 17 PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 29 ARTICLE 18 LEGAL REPRESENTATION 33 ARTICLE 19 OFF-DUTY POLICE WORK 34 ARTICLE 20 SEVERABILITY AND ZIPPER CLAUSE 35 ARTICLE 21 MISCELLANEOUS PROVISIONS 36 ARTICLE 22 HEAL TH AND LIFE INSURANCE COVERAGE 38 ARTICLE 23 WORKING OUT OF CLASSIFICATION 39 ARTICLE 24 MAINTENANCE OF STANDARDS 1 •••••••••••••••••• 40 ARTICLE 25 HOLIDAYS 41 ARTICLE 26 SHIFT PAY DIFFERENTIAL 42 ARTICLE 27 FIELD TRAINING OFFICERS 43 ARTICLE 28 WAGES AND LONGEVITY 44 ARTICLE 29 SICK LEA VE 46 TABLE OF CONTENTS ARTICLE PAGE ARTICLE 30 PROFESSIONAL ENHANCEMENT 47 ARTICLE 31 VACATION LEA VE 49 ARTICLE 32 UNIFORM ISSUANCE/MAINTENANCE ALLOWANCE 50 ARTICLE 33 LINE OF DUTY DEATH 53 ARTICLE 34 BEREAVEMENT LEA VE 54 ARTICLE 35 PAID PARENTAL LEAVE 55 ARTICLE 36 PENSION 56 ARTICLE 37 DURATION OF AGREEMENT 59 APPENDIX A GRADED SERVICE SALARY PLANS 60 ARTICLE 1 REC OG N ITIO N CLAUSE 1.1 The Village of Key Biscayne ("Village") hereby recognizes the Key Biscayne Police Officer's Association, Local 6023, International Union of Police Associations, AFL-CIO ("Union") as the sole and exclusive bargaining agent as to the wages, hours and other terms and conditions of employment for the following bargaining unit as certified by the State of Florida, Public Employees Relations Commission ("PERC"), Certification No. 1707. • Included: Sworn police officers and sergeants employed by the Village of Key Biscayne. • Excluded: Police chief, deputy chief, major, lieutenants and all other employees employed by the Village of Key Biscayne. 1.2 Any changes in the bargaining unit shall only be made upon proper application to PERC and/or an appropriate court of competent jurisdiction. A R T I C L E 2 M A N A G E M E N T R I G H T S 2.1 The Union recognizes the right of the Village to operate, manage and direct all affairs of all departments within the Village, except as otherwise expressly provided elsewhere in this Agreement, including but not limited to the right: a. To exercise complete and unhampered control to manage, direct, and totally supervise all employees of the Village; b. To hire, promote, transfer, schedule, train, assign and retain employees in positions with the Village and to establish procedures therefore; c. To suspend, demote, discharge, lay off, or take other disciplinary action for proper cause against employees in accordance with this Agreement, the Village's personnel policies, regulations, procedures and departmental policies; d. To maintain the efficiency of the operations of the Police Department; e. To determine the structure and organization of Village government, including the right to supervise, subcontract, expand, consolidate or merge any department, and to alter, combine, eliminate, or reduce any division thereof; f. To determine the number of all employees who shall be employed by the Village, the job description, activities, assignments and the number of hours and shifts to be worked per week, including starting and quitting time of all employees; g. To determine the number, types, and grades of positions or employees assigned to an organizational unit, department or project and the right to alter, combine, reduce, expand or cease any position; h. To set its own standards for services to be offered to the public; i. To determine the location, methods, means and personnel by which operations are to be conducted; j. To determine what uniforms the employees are required to wear while on duty; 2 k. T o set pro cedur es and standards to evaluate V illage em ployees' job perfo rm ance; I. T o establish, change, or modify duties, tasks, responsibilities, or requirem ents w ithin job descriptions; m . T o determ ine intern al security pra ctices; n. T o intro duce new or im pro ved serv ic es, maintenance pro cedures, m aterials, fa cilities and equipm ent, and to have com ple te authority to exercise those rights and pow ers incidental thereto, including the right to m ake unilatera l changes w hen necessary ; o. T o contro l the use of equipm ent and pro perty of the V illage; and p. T o fo rm ulate and im plem ent depart m ent policy, pro cedures ru les and regulations. 2.2 It is understood by the parties that every incidental duty connected w ith operations enum era ted in job descriptions is not alw ays specifically described and em ployees, at the discretion of the V illage, m ay be required to perfo rm duties not w ithin their job description, but w ithin the realm ofr elated duties. 2.3 A ny right, privilege or fu nction of the V illage not specifically released or modified by the V illage in this A greem ent, shall rem ain w ith the V illage. 2.4 N othing in this A rticle shall be interpreted as a w aiver of the right to bargain about changes in m andatory subjects of bargaining or the im pact of changes in non­ m andatory subjects of bargaining. 3 ARTICLE3 NO STRIKES AND LOCKOUTS 3.1 The U nion agrees that they w ill not engage in a "Strike" against the V illage as defi ned in Section 447.203(6), Florida Statutes. "Strike" m eans the conceited fa ilur e of em ployees to report fo r duty; the concerted absence of em ployees fr om their positions; the concerted stoppage of w ork by em ployees; the concerted subm ission of resignations by em ployees; the concert ed abstinence in w hole or in part by any gro up of em ployees fr om the fu ll and fa ithfu l perfo rm ance of the duties of em ploym ent w ith the V illage fo r the purpose of inducing, influencing, condoning, or coercing a change in the term s and conditions of em ploym ent or the rights, privileges, or obligations of public em ploym ent, or participating in a delibera te and concerted course of conduct w hich adversel y affects the serv ices of the V illage; the concerted fa ilure of em ployees to report fo r w ork after the expira tion of a collective bargaining agreem ent; and picketing in fu rthera nce of a w ork stoppage. The term "S trike" shall also m ean any overt prepara tion, incl uding, but not lim ited to, the establishm ent of strike fu nds w ith regard to the above-listed activities. 3.2 N o em ployee or union m ay part icipate in a strike against the V illage by instigating or support ing, in any m anner, a Strike. A ny violations of this Article shall subject the violator to the penalties pro vided in C hapter 447, Florida Statutes. T he V illage agrees that it w ill not "lockout" the em ployees fr om the w orkplace. Any violations of this A rticl e w ill allow either part y to seek injunctive relief fr om the appro priate court. 4 ARTICLE4 UNION ACTIVITIES 4.1 T he U nion shall subm it in w riting the nam es of its Offi cers or Stew ards w ho are authorized to speak on behalf of the U nion and/or represent Bargaining Unit em ployees. T he V illage agrees to recognize the U nion President. The President shall be authorized to represent B argaining U nit em ployees thro ugh the first step of the grievance pro cedure. T he President shall be authorized to represent Bargaining U nit em ployees in subsequent steps of the grievance pro cedure. H ow ever, at the U nion's discretion, its attorn ey and/or U nion business agent m ay be used at subsequent steps of the grievance pro cedure. T he V illage shall notify the Union of any grievance hearings and acknow ledges the Union's right to attend grievance hearings fil ed by individual bargaining unit mem bers. 4.2 N o one shall be perm itt ed to fu nction as a U nion R epresentative until the Union has presented the V illage w ith w ritten certifi cation of that person's selection. 4.3 B argaining U nit em ployees m ay elect a local U nion President, V ice President and Secretary-T reasurer to act as their representatives during the life of this Agreem ent. The U nion shall pro vide the V illage w ith the nam e(s) of said local offi cers. 4.4 U pon notifi cation to the V illage, the President and V ice President w ill be released fr om duty w ith pay, fo r a m axim um of tw o (2) hours per pay period or fo r such additional period of tim e as the V illage specifically appro ves, to investigate, pro cess and attend grievance hearings or other em ployer-em ployee pro ceedings; how ever, such rele ase fr om duty shall not interfere w ith the U nion representative's assigned V illage duties. 4.5 U nion representatives and em ployees shall be allow ed to com m unicate offi cial U nion business, in non-w ork spaces during an em ployee's non-w ork hours, to m em bers to the extent that the em ployees' V illage responsibilities are not disru pted or interfered w ith. 4.6 A ccess to V illage pro perty and use of V illage paid tim e, fa cilities, equipm ent and other resources by the U nion shall be authorized only to the extent pro vided in this A greem ent and shall not interfere w ith the effi ciency, safety and/or security of the V illage's opera tions. 4.7 T he V illage shall e-m ail a copy of this Agreem ent to each Bargaining Unit 5 employee within fifteen ( 15) days after the execution of this Agreement at no cost to the Bargaining Unit employees. 4.8 Up to three (3) members of the Union's negotiating team may participate in collective bargaining negotiations during their regularly scheduled hours of duty without loss of pay, provided that such employees are otherwise ready, willing and able to perform and fulfill their respective job duties. If any of the Union's negotiating team participates in collective bargaining negotiations while off-duty, they will do so without compensation. 4.9 Union Time Pool Bank: 4.9.1 The Union is hereby authorized to establish a time pool bank ("Union Bank") utilizing voluntary time contributions (i.e. accrued vacation leave) from its members subject to the provisions of this Article. 4.9.2 An employee requesting to donate their accrued vacation leave hours must complete an application and submit it to the Chief of Police or their designee. All donations to the Union Bank will be in one (1) hour increments. 4.9.3 All accrued time donations to the Union Bank shall be converted to a dollar value based upon the donating employee's regular hourly base rate of pay in effect on the day that he or she files the donation application with the Chief of Police or their designee. The receiving employee shall be paid at his or her regular hourly base rate of pay for all Union Bank time used. 4.9.4 An employee wishing to use time from the Union Bank to conduct union business must submit such request, signed by the Union President, to the Chief of Police or their designee three (3) days or as soon as practicable prior to the day that the employee is requesting to use time from the Union Bank. As long as the Village incurs no overtime obligations, such request shall not be unreasonably denied; however, if because of the needs of the Department, an employee cannot be released at the time desired, the Union may request an alternate bargaining unit member be released from duty during the desired time. 4.10 Union representatives may attend Village Council and Retirement Board meetings and other meetings related to their representation of Bargaining Unit employees 6 during their regularly scheduled hours of duty w ithout loss of pay, pro vided that their attendance at such m eetings does not interfere w ith the effi ciency, safety and/or security of the V illage's opera tions. If U nion representatives appear at such m eetings w hile off-duty, they w ill do so w ithout com pensation. 7 ARTICLE 5 NON-DISCRIMINATION CLAUSE 5.1 It is the policy of the Village that all em ployees have the right to work in an enviro nm ent free of discrim ination and any form of harassment based on race, sex, color, religion, ancestry, pregnancy, national origin, age, disability, marital status, fam ilial status, sexual orientation, union activity, union affiliation, or union m em bership. 5.2 All references in this Agreem ent to em ployees are gendern eutral. 5.3 An em ployee aggrieved by a violation of this Article may not use the grievance and arbitration provisions of this Agreem ent. 8 ARTICLE 6 DUES DEDUCTION 6.1 E ffective im m ediately upon receipt of a w ritten authorization fo rm from an em ployee, the V illage agrees, at no cost to the em ployee or the Union, to deduct regular union dues of such em ployee fr om his paycheck biweekly and rem it such deductions to the duly elected T reasurer of the Union w ithin ten ( 10) w orking days fr om the date of the deduction. The Union w ill notify the V illage in w riting prior to any change in the regular union dues stru ctu re. 6.2 A n em ployee m ay, at any tim e, on fo rm s pro vided by the Union, revoke his union dues deduction and shall subm it such revocation fo rm to the V illage w ith a copy of such revocation fo rm to the U nion. Union dues deductions w ill only be stopped by the V illage on the fir st pay period in each calendar m onth. 9 A R T I C L E 7 BULLETIN BO ARD S 7.1 The Union will be allocated a reasonable portion (approximately 1/3) of the designated bulletin board for posting Union material. 7.2 Such bulletin board space is to be used exclusively by the Union for the purpose of posting Union business and info rmation such as: recreational and social activities and m aterial related to em ployee relations matters. 7.3 The Union shall not post any materials which are obscene, defamatory or impair the operations of the Police Departm ent. 7.4 The Union m ay distribute Union literature and Union materials through the em ployees' info rm ational boxes by off-duty personnel. 10 A R T I C L E S P R O M O T I O N S A N D IN I T I A L P R O B A T IO N A R Y P E RI O D 8.1 P ro m otions A . T he V illage agrees that it shall adm inister a pro m otional exam ination when the V illage seeks to fill a position of sergeant. The V illage will not unreasonably delay the adm inistra tion of a pro m otional exam ination. The pro m otional exam ination w ill consist of a past perfo rm ance com ponent w eighing thirty percent (30%), an ora l board com ponent w eighing thirty-five percent (35%), and a w ritt en com ponent w eighing thirty-five percent (35%). 1. A n em ployee in the current position of sergeant will pro vide six (6) m onths advance notice of intent to retire or vacate the position. The em ployee's position w ill be held until the em ployee's actual date of retirem ent or otherw ise vacating the position. The Police C hief reserves the right to appoint an em ployee to the position of acting sergeant until the next pro m otional exam ination date. The V illage agrees that the Police Chief shall utilize a curr ent pro m otional eligibility list, if one is available at that tim e, w hen selecting an em ployee to the position of acting sergeant. B . T o be eligible to take the pro m otional exam ination fo r the position of sergeant, the non-pro bationary em ployee m ust have a m inim um of three (3) years of serv ice w ith the V illage as a polic e offi cer or tw o (2) years of post-pro bationary service w ith the V illage as a police offi cer as of the date of the w ritten exam ination. A pplic ants in possession of a Bachelor's degree or above are eligible fo r pro m otion to Sergeant w ith tw o (2) years of serv ice w ith the Village as a police offi cer. C . T he V illage w ill pro vide at least ninety (90) days' notice m advance of a sergeant's pro m otional exam ination advising interested em ployees of the fo llow ing: 1. T he date and location of the exam ination; 2. The percentage of w eight afforded to the three (3) exam ination com ponents of the pro m otional pro cess in accordance w ith the pro visions herein; and 3. T he list of study m aterials from w hich the w ritten exam ination is derived. D . T he ora l board portion of the pro m otional pro cess shall be conducted by a 11 panel of three (3) high ra nking law enfo rcem ent personnel fr om surro unding M iam i-D ade C ounty law enfo rcem ent agencies. E . A fter the pro m otional pro cess is com pleted, the V illage w ill m aintain a sergeant's pro m otional list in w hich the eligible candidates are ra nked by total score. A ny such list w ill be valid fo r tw o (2) years. A pro m otional list m ay be extended fo r one (I) year w ith the appro val of the U nion and Police C hief. F . T he P olice C hief shall m ake all pro m otions to the ra nk of sergeant fr om a list established consistent w ith this A greem ent. In deciding w hich eligible em ployee(s) fr om the list to pro m ote, the Police C hief shall select in their fu ll and exclusive discretion, fr om any of the top five (5) nam es on the list. H ow ever, the Police C hief m ay not select any candidate fr om the list w ho ra nked below five (5) on the initial list until all of the top five (5) candidates fr om the initial list have been pro m oted. 8.2 Initial Pro bationary Period A . Pro bation, fo r the purpose of perfo rm ance evaluations and w ages, shall be eighteen ( 18) m onths in dura tion fr om the date of hire. A pro bationary em ployee m ay be discharged fo r any reason during his pro bationary period. At the discretion of the Police C hief, an em ployee's initial pro bationary period m ay be reduced to tw elve ( 12) m onths. B . T he pro bationary period fo r a new ly pro m oted sergeant shall be eighteen ( 18) m onths fr om the date of the pro m otion. A t the discretion of the Police C hief, a new ly pro m oted sergeant's pro bationary period m ay be reduced to tw elve ( 12) m onths. If a new ly pro m oted sergeant fa ils to com plete their pro m otional pro bation, they w ill be placed back into a police offi cer's position. A new ly pro m oted sergeant that fa ils to com plete their pro m otional pro bationary period m ay not use the grievance pro cedure set fo rt h in A rt icl e IO of this A greem ent to chall enge their fa ilure to com plete pro bation. C. A ccum ulation of sick tim e w ill be accrued fr om the first day of em ploym ent and a non-pro m otional pro bationary em ployee m ay use these days w ith the subm ission of a valid doctor's cert ifi cation. D . V acation days w ill be accru ed fr om the first day of em ploym ent; how ever, a 12 non-pro m otional pro bationary em ployee may not use any accru ed vacation leave until he has com pleted a m inim um of one ( 1) year of service. [n the event of an extraordinary circum stance, the Police Chief may, at his discretion, allow up to fo rty-eight ( 48) hours vacation leave. 13 A R T I C L E 9 DISCIPLINARY PROCEDURES 9.1 Em ployees w ill only be disciplined or discharged fo r pro per cause in a pro gressive m anner, except in cases of gro ss m isconduct w hich m ay result in im m ediate discharge. In each case a w ritten statem ent indicating the prefe rred charges and the reasons fo r such action shall be presented to the em ployee being disciplined. 9.2 D isciplinary actions taken w ill be fa ir and consistent w ith other such actions taken by the Police D epart m ent under sim ilar circum stances, utilizing the R ules and R egulations of the Police D epart m ent and any and all other rules and pro cedures of the V illage and Police D epart m ent. 9.3 D isciplinary actions not involving the loss of com pensation fo r the em ployee and suspensions of 12 hours or less are only grievable thro ugh Step 4 of the grievance pro cedure in A rticle IO and are not subject to binding arbitra tion. D isciplinary term inations, dem otions and suspensions of m ore than 12 hours are subject to binding arbitra tion if the grievance concern ing said discipline is not resolved at Step 4 of the grievance pro cedure in A rt icle I 0. 9.4 The V illage w ill fu lly abide by Section 112 .532, Florida Statutes know n as the Law E nfo rcem ent B ill of R ights during any intern al investigation of any em ployee. 9.5 A ll disciplinary records shall be purged in accordance w ith State and Federa l records law s. 9.6 A ll com plaints, reprim ands, or other records of disciplinary action against each em ployee shall be signed by the em ployee as evidence of the entry of that record into the em ployee's personnel file. The em ployee shall be given the opportunity to respond to the entry and such response shall be m ade part of the file. Personnel records w ill be m aintained in com pliance w ith the State of Florida law s. 14 A R T I C L E 10 GRIEVANCE AND ARBITRATION PROCEDURE I 0.1 In a m utual effort to pro vide harm onious w orking relations betw een the parties to this A greem ent, it is agreed to and understood by both parties that there shall be a pro cedur e fo r the resolution of grievances betw een the parties arising from any alleged violation of the specific term s of this Agreem ent. Grievances relating to alleged violations of the specific term s of this Agreem ent shall be pro cessed in the fo llowing m anner. I 0.2 V erbal G rievance ST E P I W henever an em ployee has a grievance, he should first present it verbally to his im m ediate supervisor w ithin ten calendar ( I 0) days of the event giving rise to the grievance. It is the responsibility of the supervisor to attem pt to arrange a m utually satisfa ctory sett lem ent of the grievance w ithin ten (I 0) calendar days fr om the tim e w hen the grievance w as first presented to him , or fa iling in that, m ust w ithin that tim e advise the em ployee of his inability to do so. Such contact betw een the em ployee and superv isor shall be on an info rm al basis. I 0.3 Form al G rievance Pro cedure ST E P 2 If the aggrieved em ployee is not satisfied w ith the Step I answ er, the Union may, w ithin ten (I 0) calendar days fo llow ing the day on w hich he received the Step I answ er, reduce the grievance to w riting and subm it it to the Lieutenant in charge of that shift . T he grievance shall be signed by the em ployee and shall specify all of the fo ll ow ing. (a) T he date of the alleged grievance; (b) the specific Articl e or A rticl es and Section or Sections of this Agreem ent allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the reliefr equested. The Lieutenant m ay info rm ally m eet w ith the em ployee to address the grievance. A Union representative shall be present at the m eeting upon the em ployee's request. The Lieutenant shall reach a decision and com m unic ate in wr iting to the em ployee and the U nion representative w ithin ten (I 0) calendar days fr om receipt of the grievance. 15 STEP3 If the grievance is not resolved at Step 2, or if no written disposition is made within the Step 2 tim e lim its, the Union shall have the right to appeal the Step 2 decision to the Chief of Police or his designee w ithin ten ( I 0) calendar days from the due date of the Step 2 response. Such an appeal m ust be accom panied by a copy of the original w ritten grievance. The Chief of Police or their designee m ay conduct a m eeting with the grievant and his Union representative. The Chief of Police or their designee shall, w ithin ten ( I 0) calendar days after the presentation of the grievance ( or such longer period of tim e as is m utually agreed upon in writing), render his decision on the grievance in w riting to the aggrieved em ployee and the Union representative. STEP4 If the grievance is not resolved at Step 3, or if no written disposition is m ade within the Step 3 tim e lim its, the Union shall have the right to appeal the Step 3 decision to the V illage M anager or their designee w ithin ten ( 10) calendar days from the date of the issuance of the Step 3 decision. Such appeal m ust be accom panied by the filing of a copy of the original written grievance, together with a signed request form requesting that the Step 3 decision be reversed or m odified. The Village M anager or their designee shall conduct a m eeting w ith the em ployee and their Union representative, if needed. The V illage M anager or their designee shall, within ten ( I 0) calendar days (or such longer period of tim e as is m utually agreed upon in writing), render their decision in w riting to the em ployee and the Union representative. I 0.4 If a grievance concern ing a disciplinary term ination, dem otion or suspension of more than 12 hour s or a grievance concerning an issue of contract interpretation is not resolved at Step 4, or if no w ritten disposition has been rendered w ithin the applicable tim e lim its, the Union shall have the right to appeal to binding arbitration within ten ( I 0) calendar days from the date the Step 4 disposition is given, or the due date of that decision, if no w ritten decision is m ade. Grievances concerning discipline not involving a loss of com pensation or concerning a disciplinary suspension of 12 hours or less m ay not be appealed to binding arbitration. I 0.5 A grievance not advanced to the higher step within the tim e lim its provided shall be deem ed perm anently w ithdraw n. Failure on the part of the Village to answ er within 16 the tim e lim its set fort h in any Step w ill entitle the Union to pro ceed to the next step. The tim e periods contained herein m ay be m utually w aived or extended due to unfo reseen circum stances. I 0.6 W here a grievance is genera l in nature in that it applies to a num ber of em ployees having the sam e issue to be decided, it shall be presented directly to the Chief of Police or his designee at Step 3 of the grievance pro cedure, within the tim e lim it pro vided fo r the subm ission of the grievance in Step I and signed by the aggrieved em ployees or the U nion representative on their behalf. I 0. 7 T he arbitra tor m ay be any im partial person mutually agreed upon by the parties. Tn the event the patties are unable to agree upon said im partial arbitrator w ithin ten (I 0) calendar days after the V illage or U nion request arbitration, the parties shall jointly request a list of seven (7) nam es fr om the Federal M ediation and Conciliation Service. W ithin ten ( I 0) calendar days of receipt of the list, the parties shall altern ately strike nam es, w ith the V illage striking first. The rem aining nam e shall act as the arbitrator. I 0.8 The V illage and the U nion shall m utually agree, in w riting, as to the statem ent of the grievance to be arbitra ted prior to the arbitra tion hearing and the arbitrator shall confi ne his decision to the particular grievance specified. Tn the event the parties fa il to agree on the statem ent of the grievance to be subm itted to the arbitrator, the arbitra tor shall confi ne his considera tion and determ ination to the w ritten statem ent of the grievance and the response of the other party. Copies of any docum entation pro vided to the arbitra tor by either party shall be sim ultaneously pro vided to the other part y. I 0.9 T he arbitra tor shall have no authority to change, am end, add to, subtract from , or otherw ise alter or supplem ent this A greem ent or any part thereof or am endm ent thereto. T he arbitra tor shall have no authority to consider or ru le upon any m atter w hich is stated in this A greem ent not to be subject to arbitration. The arbitrator m ay not issue declara tory or advisory opinions. I 0.10 C opies of the arbitra tor's decision should be fu rn ished to both parties w ithin thirty calendar (30) days of the closing of the arbitra tion hearing. The arbitrator's decision w ill be final and binding on all parties. I 0.11 Each part y shal I bear the expense of its ow n w itnesses and of its ow n representatives 17 fo r the purposes of the arbitra tion hearing. The parties agree to equally share the A rbitra tor's fee and any related expenses including any cost involved in requesting a panel of arbitra tors. T he hearing ro om shall be supplied and designated by the V illage. A ny person desiring a tra nscript of the hearing shall bear the cost of such tra nscript, unless both parties m utually agree to share such cost. I 0.12 U nless otherw ise agreed to by both parties, grievances under this Agreem ent shall be pro cessed separa tely and individually. A ccordingly, only one (I) grievance shall be subm itt ed to an arbitra tor fo r decision in any given case. Settlem ent of grievances prior to the issuance of an arbitration aw ard shall not constitute a precedent or an adm ission that the A greem ent has been violated. 18 A RTICLE 11 SEN IORI TY I 1.1 Seniority fo r the pur poses of this Articl e is defined as the uninterru pted length of service of an em ployee w ith the V illage starting on the em ployee's date of em ploym ent or tra nsfer into the Police Departm ent as a certified law enfo rcem ent offi cer. T he V illage agrees to continue recognizing dual em ploym ent (i.e., prior V illage em ploym ent in a different capacity than that in any bargaining unit position) w ithin the V illage fo r the purpose of Longevity Pay. 11.2 Seniority shall continue to accru e during all types ofl eaves except leaves of absence w ithout pay exceeding thirty (30) consecutive days. W ith respects to leaves of absence in excess of thirty (30) consecutive days, accrual of seniority will recom m ence upon retu rn to duty. Seniority shall be bro ken w hen an em ployee voluntarily term inates or is discharged fo r cause. Any exceptions to this Section shall be at the sole discretion of the Chief of Police. 11.3 For purposes of all pro m otional exam inations, one half (.5) of a point shall be applied to the final exam ination score fo r each year of serv ice w ith the V illage as a cert ifi ed law enfo rcem ent offi cer, up to a m axim um of five (5) points. 11.4 B id Pro cess - the filling of openings in ro ad patro l w ithin the Police Departm ent shall be accom plished using qualifications and seniority. Police Officers and Sergeants shall have the right to bid fo r open positions based on tim e in grade. 19 A R T I C L E 1 2 L A Y O F F A N D R E C A L L 12.1 Lay Off In the event of a layoff for any reason, employees shall be laid off in reverse order of seniority. An employee who is to be laid off who had advanced to his present classification in the same department in which he held a permanent appointment, shall be given the opportunity to displace a less senior employee in the lower classification in the same department. An employee may not "down bump" another employee unless he had performed the lower level classification job on a regular basis as evidenced by his personnel records. When possible, Employees shall receive fifteen ( 15) calendar days notice prior to a layoff. 12.2 Recall A. Employees in layoff status will retain recall rights for twelve ( 12) months and shall have preference over applicants on eligibility lists. Recall shall be made by certified mail to the last address in the employee's records, along with any address on file with the Union. The employee must within seven (7) calendar days from the certified receipt date, signify his intention of returning to work to the office of the Chief of Police. B. An employee, when offered recall, who is temporarily unable to accept due to medical reasons after notifying the Police Department of his intentions of returning, shall be granted an additional thirty (30) day period from the date of notice of intention to return to duty, in which to return to duty without loss of seniority rights accrued to date oflayoff. C. When employees are recalled from layoff, the employees with the greatest departmental seniority shall be recalled in order of seniority, provided that the employee is physically capable of performing his regular duties. The Village, at its discretion, may require a recalled employee to submit to a physical examination at the Village's expense. D. Employees, who return to ajob classification covered by this Agreement from a layoff status, shall receive a rate of pay based upon the current schedule in effect at the time ofrecall. 20 E. No new em ployees shall be hired in any classification until all employees on layoff status in that classification have been notified ofr eturn to work. 12.3 Em ployees shall lose their seniority as a result of the following. A. Term ination/Resignation; B. Retirem ent; C. Absence without authorized leave; and/or D . Being fo und m edically unfit for duty on a permanent basis upon one(\) year of continuous absence. 21 A R T I C L E 1 3 W O R K W E E K A N D W O R K S H I F T 13.1 The standard payroll workweek shall begin at 000 I hours Saturday and end at 2400 hours Friday. This period shall be referred to as the standard workweek. Work cycles within the fourteen (14) day work period shall be in accordance with the current practice, including appropriate intervening consecutive days off. 13 .2 Each employee sh al I be entitled to either a one ( l) hour paid break period or two (2) thirty (30) minute breaks during a regular ten (10) or twelve (12) hour work shift. Due to the nature of the job, in the event an employee is unable to utilize these designated break times there is no obligation on the part of the Village to either restore to or compensate the officer for said lost break time. 13.3 For the purpose of this Agreement, a shift means the time during which an employee is on scheduled duty. A shift shall be no less than eight (8) hours. 13.4 The Village may utilize a "swing-shift" of I 0-hours to address staffing shortages. Advance notice will be given, and employees will have the opportunity to volunteer for the shift. If no one volunteers, the assignment will be based on departmental seniority. 13.5 No employee shall be required to work a split shift. Whenever a shift rotation occurs, or an employee rotates to a new shift, the employee will be entitled to at least the number of hours equal to one scheduled shift of off-duty time prior to returning to work. 13.6 In those instances where adjustments to squad assignments are required, the employee will be given at least four (4) days advance notice. When squad reassignments are necessary due to exigent circumstances, (See: Article 21) or unforeseen manpower shortages, the employee will be given as much notice as possible. 13.7 Overtime: Employees shall be paid at one and one-half(I ½) times their regularrate of pay for all hours worked in excess of their regularly assigned hours. 13.8 Call-back Pay: When an employee is required to report back to work at a time not contiguous to his or her regularly scheduled shift, he or she shall be guaranteed a minimum of four (4) hours pay at his or her overtime rate. "Contiguous to shift" 22 shall be defi ned as a period of tim e not anticipated to exceed one (I) hour at the beginning or end of an em ployee's shift. 13 .9 C ourt A ppeara nces: E m ployees w ho are required to m ake C ourt appeara nces at a tim e non-contiguous to the beginning or end of their shift shall be paid a m inim um of three (3) hours at tim e and one half ( 1-1/2) their regular hour ly rate fo r such required C our t appeara nces. In the event the em ployee is held beyond the guara nteed m inim um three (3) hour period, he or she shall be com pensated at tim e and one half ( 1-1 /2) fo r the period of tim e his presence is required by the Cour t. 13 .10 H olidays, vacation days and other paid tim e off to w hich a sw orn police offi cer is entitled as a m atter of right under or by virtue of any ordinance of the V illage or this A greem ent shall be considered as tim e w orked fo r the purposes of seniority , longevity or other m atters w here tenure is a fa ctor. 13.1 I C om pensatory T im e: Em ployees shall have the option of overtim e pay or com pensatory tim e off in lieu of overtim e pay fo r hours w orked in an appro ved overtim e status, as set fo rth below : 13 .11.1 A ll hours w orked in an appro ved overtim e status shall be paid at tim e and one half (I ½ tim es) an em ployee's regular ra te of pay unless the em ployee and the C hief of Police or their designee m utually agree in advance and in w riting that the overtim e w ill be banked com pensatory tim e in lieu of overtim e pay. 13 .11.2 C om pensatory tim e shall be credited at the ra te of one and one-half ( 1-1/2) hours of com pensatory tim e fo r each hour of authorized overtim e w orked. 13 .11.3 C om pensatory tim e off shall be subject to advance appro val by the Chiefo f Police or his designee. A V illage Com pensation and Leave Request Form reflecting the allow ance of tim e off as com pensatory tim e shall be pro vided to the C hief of Police or his designee at the tim e the em ployee requests leave. 13 .11.4 C om pensatory tim e w ill be paid out upon the em ployee's separa tion from em ploym ent at the ra te of pay at the tim e of separa tion. H ow ever, the V illage in its sole discretion m ay pay out any and all accru ed com pensatory tim e to the em ployees prior to the end of each fiscal year at the em ployees' ra te of pay. 23 13 .11.5 C o m p e nsa tory tim e m a y be accum u lated up to three hu nd red and sixty (3 6 0 ) ho u rs p er y ear. O ffi cers w ill be allo w ed to ro ll-o v er tw enty fo ur (24) ho u rs pe r fi scal year. 24 ARTICLE 14 LEAVES OF ABSENCE 14 .1 The Police C hief m ay recom m end that an em ployee be gra nted a leave of absence w ithout pay fo r the purpose of entering upon a course of tra ining or any study calculated to im pro ve the quality of service. N o benefits, except seniority if such leave is less than thirty (30) consecutive days, shall accru e during this period of leave. 14 .2 A ll applications fo r a leave of absence w ithout pay, including any application under Section 14 .1 above, shall be w ithin the exclusive discretion of the Chief of Police. 14 .3 A n em ployee gra nted a leave of absence, upon the term ination and/or expira tion of the leave, w ill retu rn to the sam e job classification and rate of pay currently in effect fo r that classifi cation. 25 A R T I C L E 1 5 J O B C O N N E C T E D D I S A B I L I T Y 15 .1 W henever an em ployee sustains an injur y com pensable under Chapter 440, Florida Statutes, as the sam e m ay be am ended fr om tim e to tim e, the V illage shall pay the em ployee the difference of the em ployee's salary including any adjustm ents at the tim e of the injury and com pensation w age benefi ts received until the em ployee reaches m axim um m edical im pro vem ent or is authorized to return to w ork in a light duty status, w hichever com es first. T his Section shall apply only to the first thirt y (30) consecutive calendar days an em ployee is off duty due to an injury com pensable under w orkers' com pensation. T hereaft er, the em ployee m ay continue to receive fu ll pay by utilizing accru ed sick leave, annual leave, or other paid leaves to supplem ent the com pensation w age benefits he receives under w orker's com pensation. T he V illage M anager m ay, in her discretion, extend the thirty (30) calendar day period hereunder fo r additional periods if she determ ines that the circum stances surro unding the on-the-job injury w ere such as to w arra nt the em ployee receiving special considera tion. A ny such extension(s) shall be in thirt y (30) day increm ents. 15 .2 W hile on a job connected disability leave, em ployees shall be entitle d to all benefits as pro vided by the V illage policy or by this A greem ent. 15 .3 A ny em ployee injured on the job shall be paid his fu ll day's w ages fo r the day of the accident if his treating physician directs that he should not return to w ork that day. 15.4 T he V illage shall m ake a good fa ith effort to place a bargaining unit em ployee injured on the job in a light duty job consistent w ith his physical and m ental capabilities and lim itations as determ ined by a qualifi ed physician. During the period of his light duty job, the em ployee shall receive his regular pay and benefits. Li ght duty jobs m ust involve pro ductive w ork (i.e., no "m ake w ork" jobs). A ll light duty jobs m ust be appro ved by the V illage M anager. 15 .5 A ny em ployee fo und to have engaged in any type of w orker's com pensation fraud, w ill be subject to im m ediate term ination fr om em ploym ent. 26 A R T I C L E 16 SAFETY & HEALTH 16.1 The V illage and the Union w ill cooperate in the continuing objective of elim inating accidents and health hazards. 16.2 Em ployees covered by this Agreem ent shall not be required to use a vehicle or piece of equipm ent reasonably deem ed unsafe. W ith respect to vehicles, )he term reasonably safe shall relate to brakes, tires, lights, police emergency flashers, horns, sirens and/or steering. 16.3 W henever an em ployee covered by this Agreem ent feels that a vehicle or other equipm ent is unsafe and, therefore, unfit for serv ice because it is a hazard to the em ployee(s) or to the public, or both, he shall im m ediately info rm his Supervisor. If the Supervisor concur s, the unsafe vehicle or other equipment shall not be used until it has been inspected and determ ined safe. Should the Supervisor not concur, the em ployee shall docum ent such unsafe condition and Superv isor's comments in w riting and fo rw ard it to the Chiefo f Police via the Chain of Comm and. Employees com ing on or going off-duty shall report any defects with respect to the vehicle operated or to be operated during a shift to the Supervisor. 16.4 If the unsafe equipm ent is a vehicle and the nature of the unsafe conditions is such that it should not be driven, the vehicle shall be dead lined at the location where it is deem ed unsafe. An em ployee shall not be required to deliver such an unsafe vehicle to a place of repair. However, if the nature of the unsafe condition is such that the vehicle can be driven to a place of repair by the em ployee without hazard to the em ployee(s) and/or to the public, the em ployee shall do so. The employee's Superv isor shall m ake final determ ination as to w hat action shall be taken. 16.5 N o vehicle or piece of equipm ent dead lined shall be released from dead line until inspected and/or repaired by com petent mechanical personnel. Employees shall not be required to perform repairs on the Village vehicles. 16.6 Em ployees unassisted will not be required to transport persons detained in a vehicle not equipped w ith a cage, except in an em ergency, and then the transporting offi cer w ill be assisted by another em ployee. 27 16.7 Shotguns or rifles shall be cage-m ounted in the front area of each patrol vehicle, pro vided that if there is no cage, shotguns or rifles shall be secured in the trunk of the vehicle. 16.8 Each em ployee, prior to com m encing his tour of duty, shall be issued a portable radio. N o em ployee shall be forced to work his tour of duty without having in his possession an operable portable radio, provided, however, that in management's discretion, an em ployee not having an operable portable radio may be reassigned to other duties where a portable radio is not necessary . 16.9 Annual firearm s training shall be pro vided by the Village. 16.10 Em ployees shall not be required to transport live animals in patrol vehicles. 28 A RTICLE 17 PH Y SIC A L A N D SU BSTA N CE ABUSE EXAM INATIO NS 17.1 The Village strives to provide a safe, healthful and productive work environment for its employees and adopts a zero tolerance for drug and alcohol abuse in the workplace. 17.2 The Village, as part of its medical examination process during pre-employment physicals, during a fitness for duty examination of an employee who is experiencing job related problems which are of a physical and/or mental nature, after the occurrence of a preventable accident and during the annual physical examinations schedule as specified in Section 17.3 may require the employee to submit to drug and/or alcohol abuse testing. 17.3 The Village shall have a mandatory biennial physical examination for each employee. Upon receipt of a physician's clearance, a baseline Thallium Stress Test shall be part of each physical examination for employees fifty (50) years of age or older. I 7.4 The Village reserves the right to randomly perform drug and/or alcohol tests on members of the bargaining unit at the discretion of the Chief of Police. The Village also reserves the right to perform drug and/or alcohol testing when a Police Department supervisor reasonably suspects an employee to be under the influence of an illicit narcotic substance or alcohol in the workplace. 17.5 The following cutoff concentrations shall be applicable for determining whether specimens are negative or positive for the following drugs or classes of drugs for the testing procedure. A positive result shall be a concentration in excess of those limits below. Initial Test Level (ng/mL} Marijuana (Cannabinoids) Cocaine Opiates (Heroin, Morphine, Codeine) Phencyclicline (PCP) Amphetamines 50 JOO 300 25 500 29 Me t h a q u a lo n e J O O Me t h a do n e 300 Propoxyphene 300 Tricyclic Antidepressants 300 Barbiturates 300 Alcohol (Ethanol) 0.02 g% 17 .6 A nalysis of specim ens shall be perfo rm ed only by labora tories licensed or certified by the State of Florida, Agency fo r H ealth Care Adm inistration (A H CA ) or the Federa l Substance Abuse and M ental Health Serv ices Adm inistration (SA M H SA ), utilizing qualifi ed sites and em ploying collectors tra ined to fo llow authorized collection pro tocols and pro perly m aintain legal specim en chain-of- custody. 17 .7 A C ert ifi ed M edical R eview O ffi cer (M R O ) shall review all negative and confi rm ed positive labora tory reports. C onfirm ed positive resu Its shall only be reported to the V illage after the M R O has ascertained that personal prescriptions or other le gal substances do not account fo r the labora tory findings. Investigations m ay include, as appro priate, telephone contact w ith the em ployee and any prescribing physicians. Em ployees m ay consult the V illage appointed M RO concern ing dru gs and/or dru g gro ups that m ay be tested fo r under this policy. 17 .8 A ll positive initial tests shall be confirm ed using gas chro m atography/m ass spectro m etry (G C /M S) or an equivalent or more accura te scientifically accepted m ethod. A confi rm ed positive testing em ployee w ill be given a N otice of Positive D ru g T est R esult letter containing both, the labora tory and M R O 's telephone num bers as w ell as pert inent info rm ation concern ing the dru g and/or alcohol test result challenge/appeal pro cess. W ithin five (5) w orking days of receiving written notice of a confi rm ed positive test result w hich has been verified, em ployees m ay subm it to the V illage and/or M R O explaining or contesting the test results. If the V illage disagrees w ith the em ployee's position, it shall respond within fifteen (l 5) days fr om the receipt of a fo rm al challenge of the test results. If the em ployee w ishes to m aintain the challenge, w ithin thirty (30) days from the receipt of the V illage's w ritt en response, the em ployee may appeal to a Court of com petent 30 jurisdic tion and/or a Judge of Com pensation C laim s (if a w orkplace injury has occurred). U pon initiating a challenge, it shall also be the em ployee's responsibility to notify the testing labora tory w hich must retain the specim en until the case is settled. 17 .9 A ll info rm ation, including interv iew s, reports, statem ents, mem oranda, and drug test results, w ritten or otherw ise, received by the V illage, dru g testing laboratories, M R O , Em ployee Assistance Pro gra m drug and alcohol rehabilitation pro viders, and their agents w ho receive or have access to info rm ation concern ing drug and/or alcohol test results originating from testing perfo rm ed in conjunction w ith this Policy, is to be treated as confidential. Such info rm ation m ay not be used or received in evidence, obtained in discovery or disclosed in any public or private pro ceedings unle ss a w ritt en release, including consultation w ith legal counsel, is required to defend related civil or adm inistra tive m atters such as determ ining com pensability under C hapter 440, Florida Statutes, or unless such release is com pelled by a hearing offi cer or court of com petent jurisdiction pursuant to an appeal taken under this Section, or unless deem ed appro priate by a pro fessional or occupational licensing board in a related discharge pro ceeding. Release of such info rm ation under any circum stances other than as set fo rth above, shall be pursuant to a w ritten consent fo rm signed voluntarily by the em ployee tested. Info rm ation on dru g and/or alcohol test results shall not be rele ased or used in any crim inal pro ceeding against an em ployee or job applicant and if released contrary to this Section, the info rm ation shall be inadm issible as evidence in any such crim inal pro ceeding. 17 .10 N othing in this A rt icle is intended to pro hibit the prescribed use of legally obtained m edications w hich m ay contain contro lled substances w ithin the dru gs and dru g gro ups tested fo r in this A rticle. B ecause of potentially im pairing side- effects w hich could endanger the em ployee, cow orkers, or the public, upon being prescribed such m edications, all em ployees have a duty to contact the M RO before they report to w ork. T he M R O w ill determ ine w hich duties (if any) the em ployee m ay perfo rm w hile taking the im pairing or potentially im pairing m edication(s) and w ill so notify the Police C hief or his designee. 31 17 .11 E m ployees m ay contact the V illage's M RO to ask questions concerning prescribed m edications they are taking fo r clarification purposes involving fitness fo r duty assessm ents. 17 .12 T o discoura ge the use and/or distribution of illegal drugs and/or alcoholic beverages in the w orkplace, upon reasonable suspicion, searches fo r alcohol, dru gs and/or para phern alia m ay be conducted on the V illage's pro perty or worksites of areas accessible to em ployees, including, but not lim ited to V illage ow ned vehicles, equipm ent boxes, lockers, desks, etc. Discovered ill egal item s w ill be referred to law enfo rcem ent fo r disposition. 17 .13 D isciplinary consequences fo r violating this Articl e are the im m ediate discharge of the em ployee fo r pro per cause and the potential denial of Unem ploym ent C om pensation as specifi ed per Section 443.10 I, Florida Statutes. An em ployee injured and subsequently confi rm ed positive fo r dru g and/or alcohol based upon post-accident testing results shall likew ise be term inated from em ploym ent and m ay lose W orkers' C om pensation benefits. 17 .14 A ny decision m ade or action taken w hich adversely affects the em ployee under this A rticl e is subject to the grievance and arbitra tion pro cedure of this Agreem ent. 32 A R T I C L E 1 8 L E G A L R E P R E S E N T A T I O N 18 .1 W henever a civil suit in tort is bro ught against an em ployee fo r injuries or dam ages suffered as a result of any act, event, or om ission of action w hich is alleged to have occur red w hile the em ployee w as on duty or acting w ithin the scope of his em ploym ent, the V illage shall investigate the circum stances to determ ine w hether the em ployee acted in bad fa ith or w ith malicious purp ose or in a manner exhibiting w anton and w illfu l disregard of hum an rights, safe ty, or pro perty. 18 .2 If the V illage determ ines that the em ployee did not act in bad faith or w ith m alicious purpose or in a m anner exhibiting w anton and w illfu l disregard of hum an rights, safety or pro perty, the V ill age shall undertake the defense of the em ployee as required by law . Said defe nse shall cease upon judicial finding, or finding by the V illage, that the em ployee acted in bad fa ith or w ith m alicious purp ose or in a m anner exhibiting w anton and w illfu l disregard of hum an rights, safety, or pro pert y. 33 A R T IC L E 19 O F F -D U T Y P O L IC E W O R K 19 .1 O ff-duty police w ork as authorized by the Police C hief shall be com pensated at the ra te of sixty dollars $60.00 per hour fo r all police offi cers. T his ra te shall not be negotiable and shall apply to all off-duty w ork, unless it is an appro ved off-duty outside V illage jur isdiction. T here shall be a flat adm inistra tive fee of tw enty -five dollars ($25.00) per shift charged by the V illage to the applicant. 19 .2 O ff-duty em ployers w ill guara ntee a m inim um em ploym ent period of fo ur (4) off­ duty hours fo r each assignm ent requested of the Police Depart m ent (w ork assignm ents can be split betw een em ployees). 19 .3 E m ployees assigned to off-duty law enfo rcem ent jobs shall be fu lly pro tected in case of injury during such assignm ent by the V illage's W orkers Com pensation covera ge. 19 .4 A ssignm ents of off-duty police w ork shall be fa irly and evenly distributed am ong eligible em ployees. Full tim e em ployees shall have the right of first refu sal in off- duty and detail police w ork assignm ents. 19 .5 W hen a detail requires fo ur (4) or m ore em ployees, w henever possible, one of the fo ur em ployees shall be a supervisor. A Police Sergeant shall be com pensated at the ra te of sixty-five dollars $65.00 per hour. T his ra te shall not be negotiable and shall apply to all off-duty w ork. If no supervisor is available to w ork the detail, then the on-duty supervisor shall be assigned to m onitor the detail. 19 .6 If the em ployee w orks an off-duty assignm ent w hich fa lls on a recognized V illage holiday, C hristm as Eve, and/or N ew Y ear's Eve they are entitled to the off-duty ra te specifi ed in 19 .1 or 19 .5 above at tim e and one-half. 34 ARTICLE 20 SEYERABILITY AND ZIPPER CLAUSE 20.1 Should any provision of this Agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal law, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree to immediately meet and confer concerning any invalidated provision(s). 20.2 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Village and the Union, for the life of this Agreement, and unless otherwise specified, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge and-contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement contains the entire Agreement of the parties on all matters relative to wages, hours, terms and conditions of employment as well as all other matters, which were or could have been negotiated prior to the execution of this Agreement. This Section does not prohibit the parties from entering into negotiations concerning the terms of a successor Agreement. 20.3 This Article does not waive the Union's rights to bargain over changes in mandatory subjects of bargaining and the impact of changes in non-mandatory subjects of bargaining. 35 A R T IC L E 21 MISCELLANEOUS PROVISIONS 21.1 Locker R oom Facilities A . T he V illage agrees to m aintain locker ro om fa cilities fo r bargaining unit em ployees of the Police D epartm ent as appro priate. B . Said locker ro om fa cilities shall consist of, but not lim ited to, the fo llow ing. I. L ockers; 2. Show ers. C. A n agent of the V illage shall not inspect an em ployee's locker space w ithout another em ployee present as a w itness. How ever, if the Chief of Police determ ines that circum stances w arra nt im m ediate inspection or opening of an em ployee's locker and there are no other em ployees available to act as w itnesses, the C hief of Police, in his discretion, m ay authorize that the locker be opened and/or inspected as needed. T he V illage shall be financi ally responsible fo r reim bursing an em ployee fo r loss or destru ction of pro perty by an agent or em ployee of the V illage during said inspection, excluding the locking device if the em ployee w as given the opportunity to open said locker. 2 1.2 V oting D uring a prim ary , special or genera l election, an em ployee w ho pro ves they are registered to vote, w hose schedule does not allow suffi cient tim e fo r voting, shall be allow ed necessary tim e off w ith pay fo r this purpose. W here the polls are open tw o (2) hours befo re or after the em ployee's regularly scheduled w ork period, it shall be considered suffi cient tim e fo r voting. 21 .3 G enera l P ro visions A . Em ployees shall not be required to use their private vehicles in the perfo rm ance of assigned duties. B . Em ployees shall be fu rn ished w ith parking fa cilities at the Police D epartm ent. Said parking fa cilities shall be fu rn ished at no cost to the em ployees. C . Jf, in the sole discretion of the V illage M anager, or in her absence, the V illage offi cial so designated by law to act in her absence, it is determ ined that a civil em ergency conditions exist, incl uding but not lim ited to riots, civil disorders, 36 hurricane conditions or sim ilar catastro phes, the pro visions of this A greem ent m ay be suspended by the V illage M anager or designated V illage O ffi cial during the tim e of the declared em ergency, pro vided that w age rates and m onetary fr inge benefi ts shall not be suspended. 21.4 E m ergencies For the purpose of this A greem ent, em ergencies shall be defined as situations w here it is cl early necessary to pro vide basic m inim um serv ices w here no regularly scheduled em ployee is available. 37 ARTICLE22 HEALTH AND LIFE INSURANCE COVERAGE 22.1 Medical Insurance Coverage -The Village shall pay the following amounts toward the cost of Village-provided employee health insurance: • Employee-only coverage: For an employee who selects employee-only coverage, the Village shall contribute one hundred percent (100%) of the cost the basic plan being offered by the Village. If an employee wishes to participate in the higher cost coverage provided by the Village, the employee will be responsible for paying the difference in cost between the two plans, which shall be deducted on a pro rata basis from the employee's pay checks. • Dependent coverage: For an employee who selects any type of dependent coverage (children, spouse, family, etc.), the Village shall contribute 75% of the difference in total cost between the individual premium for the basic plan and the basic plan premium selected by the employee for such coverage. For example, if the monthly premium cost for individual coverage is $600.00 and the monthly premium cost of family coverage 1s $1,000.00, an employee selecting family coverage will be required to contribute 25% of $400.00 ($100.00). This contribution shall be deducted by the Village from the employee's pay checks on a pro rata basis. 22.2 Life Insurance Coverage - Each employee is entitled to have life insurance coverage paid for by the Village in the amount equal to two times (2x) the employee's annual salary. 22.3 Nothing in this Agreement shall prohibit the Village, at its sole discretion, from changing medical and/or life insurance carriers, the types of health and/or life insurance plans offered, the level of benefits offered by such plans and/or any other condition relating to such coverage. 38 A R TICLE23 W O RK IN G OU T OF CLA SSIFICATIO N 23.1 E m ployees w orking out of cl assification at a higher rank fo r a minim um of fo ur ( 4) hours per eight (8) hour shift or fo r a m inim um of six (6) hours per tw elve ( 12) hour shift, shall receive five percent (5%) above their current rate of pay fo r those hour s actually w orked in that higher rank capacity. 39 AR TICLE 24 M A INTEN AN C E O F STANDARD S 24. l All cur rent em ploym ent practices and benefit levels currently granted unto the em ployees that are not fo und within this Agreement shall remain in full force and effect. 40 A R T I C L E 2 5 H O L I D A Y S 25.1 T he V illage recognizes the fo llow ing tw elve (12) paid holidays gra nted per year: N ew Y ear's Day M artin Luther K ing's Birthday President's D ay M em orial Day Ju neteenth Independence Day Labor D ay C olum bus D ay V etera n's D ay T hanksgiving D ay D ay aft er T hanksgiving C hristm as D ay 25.2 For Y ear I and 2 of this A greem ent, if an em ployee is scheduled to w ork a holiday and actually w orks the holiday, they shall receive pay at tim e and one-half fo r all hours w orked on the holiday. If an em ployee is not scheduled to w ork a holiday but is called in to w ork the holiday, they shall receive pay at tim e and one-half fo r all hours w orked on the holiday and a floating holiday w hich m ay be used w ithin one calendar year of the holiday w ith the appro val of the Chief of Police. Em ployees (w hether they are on or off duty) shall not receive eight (8) hours of pay fo r a holiday. 25.3 In Y ear 3 of this A greem ent, if an em ployee actually w orks on the holiday, they shall receive pay at double their regular hourly ra te fo r all hours w orked on the holiday. Em ployees w ho do not w ork on the holiday shall receive eight (8) hours of stra ight pay. 25.4 N on-Shift em ployees are entitled to fo ur (4) additional personal leave days per year, one of w hich m ay be the em ployee's birt hday. Shift em ployees are entitled to tw o (2) personal leave days per year. Perm ission to take a personal leave day off m ust be done w ith the perm ission of the C hief of Police thro ugh the chain of com m and. P ersonal days cannot be carr ied over from year to year and are not to be paid upon separa tion fr om em ploym ent. 41 A R T I C L E 2 6 S H I F T P A Y D I F F E RE N T I A L 26. l For all hours worked by an employee between 6:00 p.m. and 7:00 a.m., such employee shall receive a five percent (5%) increase to their base pay for each such hour worked. Employees held over into the 6:00 p.m. - 7:00 a.m. hours or called in during these hours, shall receive overtime pay in addition to the shift differential. 42 ARTICLE 27 FIELD TRAINING OFFICERS AND SPECIALIZED UNITS 27.1 Employees must successfully complete the applicable training, certification, or qualification course to serve in any of the specialized units contained herein. Employees who serve in any of the following specialized units shall receive assignment pay of four percent (4%) added to their base pay: • Marine Patrol -4 positions • Motors-4 positions • Firearms Instructor-4 positions • Police Detective - 3 positions Employees who serve in any of the following specialized units shall receive assignment pay of four percent (4%) added to their base pay regardless of training status: • FTO - 3 officer positions • FTS - I sergeant position Employees who serve in any of the following specialized units shall receive assignment pay of three percent (3%) added to their base pay: • School Resource Officer (SR O) - 3 positions Employees who serve in any of the following specialized units shall receive assignment pay of two percent (2%) added to their base pay: • Village Resource Officer (VRO}--3 positions Employees who serve in the following roles shall receive assignment pay of one percent (I%) added to their base pay: • Public Information Officer (PIO) - 2 positions Employees who serve in the Police Rifle Program shall no longer receive assignment pay as of October I, 2024. No employee shall receive more than a total of four percent (4%) assignment pay at any given time. 43 A R T I C L E 2 8 W A G E S A N D L O N G E V I T Y 28.1 Wages Graded Service Salary Plans ("GSSP") A. The Village shall maintain a IO step GSSP for all employees. For the rank of Police Officer, steps I through IO shall increase by 5% on a one-time basis, on October I, 2024. Appendix "A" hereto contains the pertinent GSSPs for FY 2024. Employees will move to the next steps of the GSSP on their anniversary dates. B. COLAs I. FY 2024 -- bargaining unit employees employed on October I, 2023 shall receive a salary increase of five and one-half percent (5.5%). FY 2024 COLA will be paid retroactive to October I, 2023. 2. FY 2025 -- bargaining unit employees employed on October I, 2024 will be eligible to receive a salary increase in an amount equal to the change in the CPI, which amount will be rounded to the closest tenth of a percentage. The CPI that will be used is the twelve ( 12) month change from April 2023 to April 2024 based on the CPI for All Urban Consumers for the Miami­ Fort Lauderdale Area (all items index) published by the U.S. Department of Labor Bureau of Labor Statistics. However, if the CPI is more than four percent (4%), the salary increase will be four percent (4%) and if the CPI is negative, employees will not receive a salary increase. 3. FY 2026 -- bargaining unit employees employed on October I, 2025 will be eligible to receive a salary increase in an amount equal to the change in the CPI, which amount will be rounded to the closest tenth of a percentage. The CPI that will be used is the twelve (12) month change from April 2024 to April 2025 based on the CPI for All Urban Consumers for the Miami­ Fort Lauderdale Area (all items index) published by the U.S. Department of Labor Bureau of Labor Statistics. However, if the CPI is more than four percent (4%), the salary increase will be four percent (4%) and if the CPI is 44 neg ativ e, em p lo y ees w ill not receive a salary increase. 2 8 .2 L o ng ev ity P ay -- A . E m p lo y ees w ill receive a fi v e percent (5%) pay increase upon the com ple tion of 15 and 20 years of service. E m p loyees w ho have not previously received a lo ng ev ity pay in crease at 15 and/or 20 years of service shall, upon the co m p letio n of 15 years of serv ice and/or upon the com pletion of 20 years of serv ice, receiv e fi v e percent (5%) pay increases on such anniversary dates. H ow ev er, em p lo y ees w ho have already reached either such anniversary but w ho hav e no t yet received either or both such increases shall receive such increase or in creases on a pro sp ectiv e basis effective O ctober I, 2021. For exam ple, an em p lo y ee w ho hit their 17 th anniversary on January 15, 2021 will receive their first longevity pay increase on October I, 2021 and their second longevity pay increase on January 15, 2024. 45 ARTICLE 29 SICK LEAVE 29.1 Employees will be credited with twelve ( 12) hours of sick leave per month for a total of one hundred and twenty (144) hours of sick leave per year. 29.2 Employees with over 480 hours of banked sick leave may convert sick leave to vacation leave once per year so long as they maintain at least 480 hours of sick leave in their banks at all times, subject to a maximum conversion of 120 hours/year. The rate of conversion from sick to vacation leave will be as follows: • Employees who use 3 days or less of sick leave in the prior year may convert at I 00% rate (i.e., 10 hours of sick leave converts to 10 hours of vacation leave). • Employees who use 4 days of sick leave in the prior year may convert at 75% rate (i.e., 10 hours of sick leave converts to 7 .5 hours of vacation leave); and • Employees who use 5 or more days of sick leave in the prior year may convert at 50% rate (i.e., l 0 hours of sick leave converts to 5 hours of vacation leave). This sick leave conversion wil I be utilized by the Village on a trial basis for FY 2019 and the Village reserves the right to discontinue this program after that year. Upon separation of employment from the Village, an employee shall be paid out for up to 480 hours of his/her accrued sick leave at a rate of ten ( I 0%) percent per year of service up to a maximum of one hundred ( l 00%) percent after ten ( l 0) years of service at the employee's average hourly rate of pay during his/her employment with the Village. For example, if the employee has 5 years of service when they separate from service and has 700 hours of accrued sick leave, they shall receive a payment for 240 hours of leave (50% x 480 hours).- 46 A R TICLE 30 PR O FESSIO N AL EN HANCEM ENT 30.1 A ll bargaining unit em ployees w ho are ordered to attend off-duty courses shall be paid at the prevailing overt im e rate. A ll tra ining, classes, education and materials required by the V illage w ill be paid fo r by the V illage. 30.2 B argaining unit em ployees are eligible fo r reim bursem ent of the cost of tuition and books fr om an accredited school fo r the courses taken depending on the grade achieved by the em ployee as outlined below . G ra de A : 100% reim bursem ent G ra de B : G ra de C : Less than C : W ithdra w al: 75% reim bursem ent 50% reim bursem ent 0% reim bursem ent 0% reim bursem ent. T he am ounts of reim bursem ent w ill be applied to the difference betw een the cost of tuition and any financial aid the em ployee receives from other sources including, but not lim ited to, gra nts, scholarships, vetera ns' benefits or vouchers. The m axim um am ount that an em ployee shall be reim bursed is $12,000_per fiscal year. 30.3 R equests fo r tuition reim bursem ent shall be m ade fo r each course and the decision to reim burse the em ployee shall be made separa tely as to each course fo r w hich the em ployee is seeking reim bursem ent. Every request fo r tuition reim bursem ent shall be subm itt ed along w ith all supporting docum entation prior to enro llm ent and shall be subject to the prior appro val of the Chiefo f Police and V illage M anager. Only courses that are directly related to an em ployee's job w ill be appro ved fo r reim bursem ent. T he C hief of Police and V illage M anager, in their sole discretion, will determ ine w hether the course fo r w hich an em ployee is seeking reim bursem ent is directly related to the em ployee's job. T heir decision shall be final in all respects and shall not be subject to the grievance pro cedure in Artic le IO ofthis Agreem ent. 30.4 In the event an em ployee voluntarily leaves V illage em ploym ent or is term inated from V illage em ploym ent w ithin one (I) year of their com pletion of any course of instruction fo r w hich the V illage has made any paym ent hereunder, that em ployee shall reim burse the V illage one hundred percent (I 00%) of such reim bursem ent. In 47 the event that an em ployee voluntarily leaves V illage em ploym ent or is term inated m ore than one (I) year but less than tw o (2) year after the com pletion of any course of instru ction fo r w hich the V illage has made any paym ent hereunder, that em ployee shall reim burse the V illage fo r fifty percent (50%) of the Village reim bursem ent fo r such courses. 30.5 E m ployees w ill be pro vided w ith an annual stipend fo r advanced degrees related to their line of w ork, as determ ined by the Police C hief, in the am ount of fo ur hundred dollars ($400) fo r an A ssociate's degree and eight hundred dollars ($800) fo r a B achelor's degree or higher. T he stipend w ill be paid retro active to October I, 2023 and w ill be paid on O ctober I st of each subsequent year of this Agreem ent. 48 ARTICLE31 VACATION LEAVE 31.1 Every bargaining unit member employed by the Village on a full time basis working seven (7) twelve ( 12) hour shifts per two week period shall accumulate annual vacation leave as follows: (a) Between zero and four full years of employment - 84 hours/year (b) Between four and eight full years of employment - 126 hours/year (c) After eight full years of employment - 168 hours/year 31.2 Every bargaining unit member employed by the Village on a full time basis working ten ( I 0) eight (8) hour shifts per two week period shall accumulate annual vacation leave as follows: a) Between zero and four full years of employment - 80 hours/year b) Between four and eight full years of employment- 120 hours/year c) After eight full years of employment - 160 hours/year 31.3 Vacation leave shall be accrued and calculated from the date of established full time employment with the Village. 31.4 Vacation time shall be scheduled and charged to the employee for actual time away and may be charged in hourly increments. 49 A R T I C L E 3 2 U N I F O R M I S S U A N C E /M A I N T E N A N C E A L L O W A N C E 32.1 T he V illage agrees to fu rn ish at no cost to the Bargaining Unit Em ployee the fo llow ing item s in suffi cient quantities as determ ined by the Chief of Police: a. Standard ro und navy blue hat w ith plain visor and gold cloth band. b. B lack baseball type cap. c. Long sleeved navy blue shirt. d. Short sleeved navy blue shirt. e. G old or Silver "P" buttons (depending on rank). f. N avy blue uncuffed tro users. g. G old or silver m etal nam e plate (depending on rank). h. B lack tie. 1. H eavy jacket. J. W indbreaker. k. A ppro priate issued ra ingear. I. Plain-toed black shoes. m . M ilitary sty le boots. n. D uty belt. o. G arrison belt and pancake holster fo r all bargaining unit m em bers assigned to adm inistra tion. p. W hite unifo rm polo shirt w ith the Vill age of Key Biscayne badge em bro idered in the left breast area, the last nam e of the offi cer em bro idered on the right breast area, and K ey B iscayne Police screed printed acro ss the upper back port ion of the shirt. q. N avy blue short s. r. Plain sneakers (pro vided the em ployee requests and w ears a class C unifo rm ). s. D uty belt w ith required equipm ent. t. BO U shirt. (T his is a standard m ilitary battle dress unifo rm shirt, black in color.) 50 u. T -sh irt black in color, w ith the V illage of K ey B iscayne Police O ffi cer's ba dg e and the w ords K ey B iscayne and Police screen-printed in the left breast area. T he w o rd K ey B iscayne P olice w ill be screen printed acro ss the up p er back po rtion of the shirt . v. B O U pants. (T his is a standard m ilitary batt le dress unifo rm pants, black in co lo r.) w . M em bers w ill be issu ed black ny lon w ebbed gear as fo llow s: I. D uty belt. 2. U nd erbelt. 3. S ilent key keep er. 4 . Safety du ty holster. 5. H and cu ff case. 6. D ou b le m agazin e pouch. 7. L eatherm an case. 8. F lash lig ht holder. 9. P epp er sp ra y ho lder. I 0. B aton ho ld er. 11. R ad io ho ld er. 12 . F irearm . 13 . A sp B aton . 14 . K eep ers. 15 . R ain boo ts. 16 . R efl ectiv e tra ffi c vest. 17 . H azard black bag . 18 . P .P .E . su it. 19 . F lo rid a L aw E nfo rcem ent H andbook. 20 . IP T M tem p late. 2 1. H and cu ffs. 22 . P ep per sp ra y . 2 3 . P lastic w histle . 2 4 . L eatherm an. 2 5 . S tream lig ht bra nd rechargeable flashlight. 51 26. R adio. 27. Body Arm or: a. V illage of Key Biscayne Police Departm ent w ill issue a current cl ass III A Body Arm or to all B argaining Unit Em ployees. 32.2 T he cost of any unifo rm changes dictated by the V illage shall be born e by the V illage. 32.3 A ll B argaining U nit Em ployees shall be entitled to an annual unifo rm maintenance allow ance of seven hundred and seventy dollars ($77 0.00). The allowance w ill be paid retro active to O ctober I, 2023 and w ill be paid on October I st of each subsequent year of this A greem ent. 52 A R T I C L E 3 3 L I N E O F D U T Y D E A T H 33.1 Any fu ll-tim e bargaining unit em ployee who is killed in the performance of their official duties (portal to portal included) or who subsequently dies from injuries w ithin twelve (12) m onths of the incident from their injuries shall be given an im m ediate prom otion to the next highest rank at the sam e salary step they were in at the tim e of their death. All accum ulated but unpaid vacation, holidays, sick time, regular pay, overtim e pay, and any other pay as may be due and owed to them will be paid at the hourly rate of the newly prom oted rank to the employee's estate or designated survivor. 53 A R T I C L E 3 4 B E R E A V E M E N T L E A V E 34.1 E m plo yees w ho experience a death of any of the fo llow ing fa m ily m em bers are entitled to hav e up to five (5) days of paid bereavem ent leave: Spouse or qualifi ed dom estic partner C hildren Parents Siblings G ra ndparents G ra ndchildren 34.2 E m ployees w ho experience a death of any of the fo llow ing fa m ily m em bers are entitled to have up to tw o (2) days of paid bereavem ent leave: M other-in-L aw Father-in-L aw Siblings of the em ployee's spouse A unt U ncle M other of dom estic part ner Father of dom estic part ner 34.3 L eave to attend a fu nera l upon the death of som eone other than a fa m ily mem ber covered by Sections 34 .1 and 34.2 above m ust be appro ved by the D epartm ent D irector. A bsence fo r su ch a death is lim ited to tw o (2) days and w ill be charged to leave, as applicable; otherw ise, if such leave is not available, the tim e off w ill be unpaid. 54 A R T I C L E 3 5 P A I D P A RE N T A L L E A V E 35. l. Paid Parental Leave shall be authorized in accordance with the Village Paid Parental Leave Policy, to care for a newborn, newly-adopted minor-aged child, or newly placed minor-aged foster child or children for up to six (6) weeks. Paid Parental Leave is subject to revisions of the Village Paid Parental Leave Policy. 55 A R T I C L E 3 6 P E N S I O N 36.1 The current benefits and em ployee contributions in the Police portion of the Police O ffi cers and Firefighters R etirem ent Plan (the "Plan"), as codified in Chapter 23 "R etirem ent" of the V illage Code (including but not lim ited to the DR O P Plan), shall rem ain in effect. T he fo llow ing changes w ere m ade in connection w ith the ratification of the 2017-2020 A greem ent: 36.1.1 T he V illage's annual contribution into the Plan shall be capped at 20% of the Plan's covered payro ll fo r all police m em bers contributing to the Plan using the defi nition of Salary pro vided in the Plan. Any am ount over 20% of covered Payro ll shall be the responsibility of the em ployees. 36.1.2 T he m inim um fu nded ra tio fo r the Police portion of the Plan shall be eighty percent (80%) based on an assum ed ra te of return of 7.5%. If the fu nded ratio of the Police portion of the Plan fa lls below the m inim um fu nded ratio, the Plan's m ultiplier shall be autom atically reduced fo r pro spective service to the extent necessary to keep the Police portion of the Plan's fu nded ratio over 80% or, altern atively, the em ployees shall have the option of paying off any unfu nded liability necessary to achieve an 80% fu nded ratio or of making other design changes to the Police portion of the Plan so that the Police portion of the fu nded ra tio exceeds 80%. In lieu of reducing the m ultiplier, should the em ployees w ish to increase the em ployees' contribution to maintain the m inim um fu nded ratio, the U nion and the bargaining unit of the V illage's police lieutenants shall pro vide the V illage w ith w ritten notifi cation prior to August I st preceding the fiscal year in w hich the fu nded ra tio of the Police portion of the Plan falls below 80%. 36.2. Effective O ctober I, 2017, the m onthly retirem ent benefit shall be equal to 3.00% of A vera ge Final Com pensation fo r each year of Credited Serv ice earn ed after that date. 36.3. T he m axim um am ount of annual service retirem ent benefit based on the norm al annuity fo rm (life w ith IO year certain) payable at retirem ent shall be the em ployee's choice of either: (I) lesser of $90,000 or 90% of the em ployee's A vera ge F inal C om pensation; or (2) 80% of the em ployee's Average Final 56 C o m p ensatio n . T h is cap w ill be applied to any other fo rm of benefi t selected by the em p lo y ee on a pro po rt ionate basis so as to m ake the application of the cap fo r oth e r fo rm s actuaria ll y equ ivalent to the cap fo r the norm al fo rm . 36 .3 .1 M em b ers m ay purchase C redi ted Serv ice fo r service m the A rm ed F o rces prior to em ploym ent w ith the V illage or fo r prior law enfo rcem ent serv ice to the m axim um extent allow able under Florida state law . T he total am ount of serv ice-p urchased, w hen com bined w ith the pu rchase of additional benefit m u ltiplier, m ay not exceed five years. F o r the pu rpo se of purchasing this past serv ice credit, a m em ber m ay use either the valu e of their annual leave (less required w ithholding tax es) valu ed in accordance w ith the V illage's leave payoff policy or an app licab le co llective bargaining agreem ent; a tax- qualifi ed tra nsfer of fu nd s fr om the m em ber's 457 D eferred C om pensation Plan; cash pay m ent; or any com b ination of the fo regoing. A m em ber shall be respo nsib le fo r the fu ll actuarial cost of this benefi t enhancem ent, plus the fu ll actuaria l or other pro fessional services required to determ ine the benefit enhancem ent. 36 .4 In accordance w ith section 18 5.35(6), F .S ., a defined contribution pla n co m po nent ("share plan") is hereby established as part of the defi ned benefi t pension plan, to be fu nded entirely w ith C h. 185 prem iu m tax rev en ues. H ow ever, the V illage and U nion have m utually agreed that no C h. 18 5 prem ium tax revenues w ill be allocated to the sha re plan at this tim e. T he V illage and the U nion have fu rther agreed that the share plan shall not be activated until the parties m utually agree that C h . 185 prem ium tax revenues w il I be al located to the share plan. The parties further mutually consent that any premium tax revenues that were or will be received by the Plan pursuant to Sections 185.08 and 185.35, Florida Statutes, including any unallocated premium tax revenues and the full amount of premium tax revenues received by the Village in the future, shall be used by the Plan to reduce the Village's pension contributions to the Plan. 57 ARTICLE 31 DURA TION OF AGREEMENT 3 7 .1 Except as specifically provided otherwise in this Agreement, this Agreement shall take effect upon ratification by both parties and shall continue in full force and effect through September 30, 2026. Executed on this /~.2-~_- day of ~//-__,_p_/'_1_· _( __ , 2024. t ~ Joe Rasco, Mayor, Village of Key Biscayne For the International Union of Police A sociations, AFL-CIO Mar os Diaz, Pres dent Key Biscayne Police Officer's Association, ocal 6023'...>---·- Intemational -- / Richard Weiner, Esq. Attorney for International Union of Police Associations, AFL-CIO 59 APPENDIX A 10 STEP GRADED SERVICE SALARY PLAN FISCAL YEAR 2024 <Effective Retroactive to lQ/1/23) Officer Sere:eant 65,973 85,127 69,272 89,383 72,735 93,852 76,372 98,545 80,191 103,472 84,200 108,645 88,410 114,078 92,831 119,781 97,472 125,770 102,346 132,059 107,463 138,662 112,837 145,595 Step FISCAL YEAR 2025* One time 5% Police Officer adjustment shown. *COLA of 0-4% determined by April CPI Officer 69,272 72,736 76,372 80,191 84,201 88,410 92,831 97,473 9 102,346 10 107,463 15 112,836 20 118,479 1 2 3 4 5 6 7 8 60